RESIDENTIAL TENANCIES ACT 1987
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Position of Crown
- 5 Application of Act
- 6 Modification of application of Act by regulation
- 7 Transitional provisions relating to commencement of this Act
PART II -- Administration
- 7A Commissioner
- 8 Functions of Commissioner
- 9 Commissioner may institute or defend proceedings for party
- 10 Delegation by Commissioner
- 11 Protection of officers
- 11A Information officially obtained to be confidential
- 11B Powers of investigation
PART III -- Determination of disputes
- 12 Terms used
- 12A Jurisdiction over prescribed disputes
- 13 Jurisdiction over other disputes
- 13A Magistrates Court’s jurisdiction
- 13B Appeals from decisions of registrar
- 14 Time for determination of proceedings
- 15 Applications for relief and orders that may be made
- 16 Enforcement
- 17A Disputes between tenants
- 17B Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence
- 17 Application to vary or set aside order
- 18 Form of applications and notice of hearing
- 19 Witnesses and inspection of documents
- 20 General powers in proceedings
- 21 Evidence
- 22 Presentation of cases
- 23 Settlement by conciliation
- 24 Costs
- 25 Reservation of question of law
- 26 Finality of proceedings
PART IV -- Residential tenancy agreements
Division 1A -- Form of residential tenancy agreement and associated documents
- 27A Written residential tenancy agreement to be in prescribed form
- 27B Information to be given to tenant by lessor
- 27C Property condition report at start and end of tenancy
Division 1 -- Rent and security bonds
- 27 Restriction on consideration for tenancy agreement
- 28 Rent in advance
- 29 Security bonds
- 30 Variation of rent (except where calculated by reference to tenant’s income)
- 31A Variation of rent where calculated by reference to tenant’s income
- 31B Increase in rent after renegotiating lease
- 31 Increase in security bond
- 32 Limitation of excessive rents in certain circumstances
- 33 Duty to give receipt for rent
- 34A Manner of payment of rent
- 34 Proper records of rent to be kept
- 35 Payment of rent by post-dated cheques etc. prohibited
- 36 Apportionment of rent
Division 2 -- Standard terms
- 38 Tenant’s responsibility for cleanliness and damage
- 39 Tenant’s conduct on premises
- 40 Vacant possession
- 41 Legal impediments to occupation as residence
- 42 Lessor’s responsibility for cleanliness and repairs
- 43 Urgent repairs
- 44 Quiet enjoyment
- 45 Securing premises
- 46 Lessor’s right of entry
- 47 Right of tenant to affix and remove fixtures etc.
- 48 Lessor to bear outgoings in respect of premises
- 49A Lessor’s and tenant’s responsibilities in respect of public utility services
- 49 Right of tenant to assign or sub-let
- 50 Vicarious responsibility of tenant for breach by other person lawfully on premises
Division 3 -- General
- 51 Tenant to be notified of lessor’s name and address
- 52 Failure to pay rent with intention it be recovered from security bond
- 53 Tenant’s name, place of employment and forwarding address
- 54 Lessor to deliver copy of agreement to tenant
- 55 Cost of written agreement to be borne by lessor
- 56 Discrimination against tenants with children
- 56A Discrimination against tenants subjected or exposed to family violence
- 57 Accelerated rent and liquidated damages prohibited
- 58 Duty of mitigation
- 59A Minors
- 59B Death of one of 2 or more tenants
- 59C Recognition of certain persons as tenants
- 59D Tenant compensation bonds
- 59E Interference with quiet enjoyment
- 59F Offences relating to security of residential premises
PART V -- Termination of residential tenancy agreements
Division 1 -- How residential tenancy agreements are terminated
- 60 How residential tenancy agreements and tenant’s interests in agreements are terminated
Division 2 -- Notices of termination
- 61 Form of notice of termination by lessor
- 62 Notice of termination by lessor upon ground of breach of term of agreement
- 63 Notice of termination by lessor who has entered into contract of sale
- 64 Notice of termination by lessor without any ground
- 65 Termination by lessor where s. 32 invoked
- 66 Notice by lessor not waived by acceptance of rent
- 67 Form of notice of termination by tenant
- 68 Notice of termination by tenant
- 69 Notice of termination by lessor or tenant where agreement frustrated
- 70A Notice of termination by lessor or tenant at end of fixed term tenancy
- 70 Effect of notice of termination of periodic tenancy
Division 2A -- Special provisions about terminating tenant’s interest on grounds of family violence
- 71AA Terms used
- 71AB Notice of termination of tenant’s interest on ground that tenant subject to family violence
- 71AC Review of notice of termination under s. 71AB 71AD. Rights of co-tenants after notice under s. 71AB 71AE. Termination of tenant’s interest by court on grounds of family violence
- 71AF Review of Division
Division 3 -- Special provisions about terminating social housing tenancy agreements
Subdivision 1 -- Preliminary- 71A Terms used
- 71B Application of Division Subdivision 2 -- Notice of termination where tenant not eligible for social housing premises
- 71C Notice of termination by lessor on ground that tenant not eligible for social housing premises
- 71D Assessment of tenants eligibility for social housing premises
- 71E Criteria for assessing eligibility of tenants for social housing premises under s. 71D 71F. Review of decision to give notice on ground that tenant not eligible for social housing premises
- 71G Time periods to be observed where notice of termination given under this Subdivision Subdivision 3 -- Notice of termination where tenant offered alternative social housing premises
- 71H Notice of termination by lessor where tenant offered alternative social housing premises
- 71I Review of decision to give notice on ground that tenant offered alternative social housing premises
- 71J Time periods to be observed where notice of termination given under this Subdivision
Division 4 -- Orders for termination of residential tenancy agreement
- 71 Application by lessor for termination and order for possession
- 72 Application for termination and order for possession in relation to fixed term agreements
- 73A Notice of termination not required in certain cases
- 73 Termination of agreement where tenant causing serious damage or injury
- 74 Termination of agreement where lessor or tenant would otherwise suffer undue hardship
- 75A Termination of social housing tenancy agreement due to objectionable behaviour
- 75 Termination of agreement for breach by lessor
- 76A Termination of agreement by lessor if premises abandoned
- 76B Dispute about s. 76A notice
Division 5 -- General
- 76C Fixed term tenancies continued as periodic tenancies
- 76 Compensation to lessor for holding over
- 77 Abandonment of premises
- 78A Order about abandonment
- 78B Review of abandonment order
- 78 Right of lessor to compensation where tenant abandons premises
- 79 Abandoned goods
- 80A Abandoned documents
- 80 Recovery of possession of premises prohibited except by court order
- 81A Mortgagee repossessions of rented properties
- 81B Notice of proposed recovery of premises by person with superior title
- 81 Order for tenancy against person with superior title
PART VIA -- Residential tenancy databases
Division 1 -- Preliminary
Division 2 -- Tenancy database information
- 82C Notice of usual use of database
- 82D Notice of listing if database used
- 82E Listing can be made only for particular breaches by particular persons
- 82F Further restriction on listing
- 82G Ensuring quality of listing -- lessor’s or agent’s obligation
- 82H Ensuring quality of listing -- database operator’s obligation
- 82I Providing copy of personal information listed
- 82J Disputes about listings
- 82K Keeping personal information listed
PART VI -- Miscellaneous
- 82 Contracting out
- 83 Recovery of amounts paid under mistake of law or fact
- 84 Exemption of tenancy agreement or premises from provision of Act
- 85 Service
- 86 Court may refer matter to Commissioner for investigation
- 87A Defence where lessor and property manager are both charged with the same offence
- 87 Time for bringing proceedings
- 88A Infringement notices
- 88B Cross-examination of persons in proceedings involving family violence
- 88 Regulations
- 90 Review of Act
PART VII -- Savings and transitional provisions relating to the Residential Tenancies Amendment Act 2011
Division 1 -- Contracting out
- 91 Savings in relation to contracting out of standard terms
Division 2 -- Security bonds held in AFI
- 92 Terms used
- 93 All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months
- 94 Requirements for AFI holding security bonds
- 95 Power of Commissioner to obtain information relating to AFI security bond accounts
- 96 Disposal of security bond held in AFIs
Division 3 -- Residential tenancy databases
- 97 Application of Part VIA to listings existing before commencement day
PART 8 -- Transitional provision relating to the Consumer Protection Legislation Amendment Act 2019
- 98 Application of s. 49A to residential tenancy agreements and utility charges